22 Dec 2021
NEW ZEALAND POLICE v WEN [2021] NZHC 3610
- Citation
- [2021] NZHC 3610
- Court
- High Court
The High Court held there was no error of law in the District Court Judge's decision to discharge without conviction: the defendant's affidavit was admissible sentencing material and any imprecision was not material; the Judge correctly recognised that while deportation liability for a temporary entry class visa holder can arise independently of conviction, entry of a conviction materially increased the risk of deportation; and under the stringent appellate standard in s296(2)/Cleaver the Crown did not show that no rational Judge could have reached the discharge decision. The Crown appeal was…